132 sections in this chapter.
ORS 527.739 Application of restrictions related to small forestland owner minimum option; rules. In any tax year that a tax credit allowed for use of the standard practice in lieu of the small forestland owner minimum option is not available to small forestland owners, State Board of Forestry rules must provide that restrictions on using the small forestland owner minimum option related to the horizontal feet limitation applicable to fifth field watersheds are not in effect. [2022 c.33 §16a]
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Note: 527.739 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). Note: See second note under 527.738.
ORS 527.740 Harvest type 3 limitations; exceptions. (1) No harvest type 3 unit within a single ownership shall exceed 120 acres in size, except as provided in ORS 527.750
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(2) No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the harvest type 3 areas subject to regulation under the Oregon Forest Practices Act would exceed 120 acres in size, un…
ORS 527.745 Reforestation of certain harvest types; adoption of standards; rules. (1) The State Board of Forestry shall adopt standards for the reforestation of harvest type 1 and harvest type 3. Unless the board makes the findings for alternate standards under subsection (2) of this section, the standards for the reforestation of harvest type 1 and harvest type 3 shall include the following
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(a) Reforestation, including site preparation, shall commence within 12 months after the completion of harvest and shall be completed by the end of the second planting season after the completion of harvest. By the end of the fifth growing season after planting or seeding, at lea…
ORS 527.750 Exceeding harvest type 3 size limitation; conditions; rules. (1) Notwithstanding the requirements of ORS 527.740, a harvest type 3 unit within a single ownership that exceeds 120 acres but does not exceed 240 acres may be approved by the State Forester if all the requirements of this section and any additional requirements established by the State Board of Forestry are met. Proposed harvest type 3 units that are within 300 feet of the perimeter of a prior harvest type 3 unit, and that would result in a total combined harvest type 3 area under a single ownership exceeding 120 acres but not exceeding 240 acres, may be approved by the State Forester if the additional requirements are met for the combined area. No harvest type 3 unit within a single ownership shall exceed 240 contiguous acres. No harvest type 3 unit shall be allowed within 300 feet of the perimeter of a prior harvest type 3 unit within a single ownership if the combined acreage of the areas subject to regulation under the Oregon Forest Practices Act would exceed 240 acres, unless
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(a) The prior harvest type 3 unit has been reforested by all applicable regulations; (b) At least the minimum tree stocking required by rule is established per acre; and (c)(A) The resultant stand of trees has attained an average height of at least four feet; or (B) At least 48 m…
ORS 527.755 Scenic highways; visually sensitive corridors; operations restricted; exemptions. (1) The following highways are hereby designated as scenic highways for purposes of the Oregon Forest Practices Act
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(a) Interstate Highways 5, 84, 205, 405; and (b) State Highways 6, 7, 20, 18/22, 26, 27, 30, 31, 34, 35, 36, 38, 42, 58, 62, 66, 82, 97, 101, 126, 138, 140, 199, 230, 234 and 395. (2) The purpose of designating scenic highways is to provide a limited mechanism that maintains road…
ORS 527.760 Reforestation exemptions for land use changes. (1) The State Board of Forestry shall review its rules governing changes in land use and adopt or amend rules as necessary to assure that only bona fide, established and continuously maintained changes from forest uses are provided an exemption from reforestation requirements. The board shall set specific time periods for the completion of land use conversions. Among other factors, the board shall condition exemptions from reforestation requirements upon
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(a) Demonstrating the intended change in land use is authorized under local land use and zoning ordinances, including obtaining and maintaining all necessary land use or construction permits and approvals for the intended change in land use; (b) Demonstrating progress toward the …
ORS 527.765 Best management practices to maintain water quality; rules. (1) The State Board of Forestry shall establish best management practices and other rules applying to forest practices as necessary to insure that to the maximum extent practicable nonpoint source discharges of pollutants resulting from forest operations on forestlands do not impair the achievement and maintenance of water quality standards established by the Environmental Quality Commission for the waters of the state. Such best management practices shall consist of forest practices rules adopted to prevent or reduce pollution of waters of the state. Factors to be considered by the board in establishing best management practices shall include, where applicable, but not be limited to
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(a) Beneficial uses of waters potentially impacted; (b) The effects of past forest practices on beneficial uses of water; (c) Appropriate practices employed by other forest managers; (d) Technical, economic and institutional feasibility; and (e) Natural variations in geomorpholog…
ORS 527.770 Good faith compliance with best management practices not violation of water quality standards; subsequent enforcement of standards. A forest operator conducting, or in good faith proposing to conduct, operations in accordance with best management practices currently in effect shall not be considered in violation of any water quality standards. When the State Board of Forestry adopts new best management practices and other rules applying to forest operations, such rules shall apply to all current or proposed forest operations upon their effective dates. However, nothing in this section prevents enforcement of water quality standards against a forest operator conducting operations after the time provided in ORS 527.765 (3)(e) for adoption of revised best management practices if the board either has not adopted revised management practices or has not made a finding that such revised best management practices are not required. [1991 c.919 §21; 2003 c.749 §12]
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[Repealed or reserved.]
ORS 527.780 Exemption from liability for trees or debris left on property. (1) A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of trees and other debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and debris to be left upon property after logging or other activity on the land
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(2) The limitation on liability provided by this section applies to any injury, death or damage arising out of wildfire, erosion, flooding, diversion of waters, damage to public improvements and any other injury, death or damage caused by trees or debris left by the landowner. (3…
ORS 527.785 Exemption from liability for large woody debris left on property. (1) A landowner is not liable in tort for any personal injury, death or property damage that arises out of the leaving of large woody debris on the property of the landowner under the provisions of ORS 527.610 to 527.770, under any rules adopted pursuant to ORS 527.610 to 527.770, or under any other law or rule requiring trees and large woody debris to be left upon property after logging or other activity on the land
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(2) The limitation on liability provided by this section applies to any injury, death or damage arising out of wildfire, erosion, flooding, diversion of waters, damage to public improvements and any other injury, death or damage caused by the large woody debris left by the landow…
ORS 527.786 Definitions. As used in ORS 527.786 to 527.793
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(1) “Department reporting system” means a forest activity electronic reporting and notice system operated by the State Forestry Department. (2) “Nearby recipient” means a person registered under ORS 527.787: (a) Whose parcel location information is reconciled under ORS 527.787 (2…
ORS 527.787 Registering to receive notice of pesticide application. (1) A person may register with the State Forestry Department to receive notices of proposed or scheduled pesticide applications by helicopter to forestland near the residence of the person. To obtain registration, the person must provide the department with
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(a) A description of the parcel where the person resides; (b) Proof satisfactory to the department that the person resides at the parcel; and (c) Contact information for the person that, at a minimum, includes: (A) A mailing address; and (B) An electronic mail address or telephon…
ORS 527.788 Notice to State Forestry Department of proposed pesticide application. (1) To the extent of any conflict between this section and ORS 527.610 to 527.770, the provisions of this section prevail
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(2) Notwithstanding ORS 527.670, an operator, timber owner or landowner proposing to conduct a pesticide application by helicopter to forestland shall send the State Forestry Department notice of the proposed pesticide application that includes the following: (a) Identification o…
ORS 527.789 Notice to nearby recipient of proposed pesticide application. (1) Upon receipt of a notice under ORS 527.788 (2), a State Forestry Department reporting system shall provide the operator, timber owner or landowner that provided the notice with a list of, and contact information for, any nearby recipients for the proposed pesticide application
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(2) Two weeks after receiving a notice under ORS 527.788 (2), and on the date of receipt of any new notice under ORS 527.788 (4), the department shall send notice of the proposed pesticide application to the electronic mail address or telephone number of each nearby recipient for…
ORS 527.790 Notice to State Forestry Department prior to pesticide application. (1) An operator, timber owner or landowner that sends notice under ORS 527.788 of a proposed pesticide application by helicopter to forestland shall notify the State Forestry Department prior to the pesticide application by helicopter being made. A notice under this section must
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(a) Be made by electronic communication to a department reporting system; (b) Be sent to the department no later than 7 p.m. on the day preceding the pesticide application; (c) Specify the day following the notice as a day for pesticide application by helicopter; (d) Identify the…
ORS 527.791 Verifying completion of pesticide application. (1) If a forestland unit identified in a notice sent under ORS 527.790 receives an incomplete pesticide application on the date specified in the notice, the operator, timber owner or landowner shall send a notice of incompletion to a State Forestry Department reporting system no later than 24 hours after the end of the date specified for the application in the notice. The notice of incompletion shall consist of designating the forestland units to which an incomplete pesticide application by helicopter was made. Entry of a notice of incompletion does not affect the requirement to send notice under ORS 527.790 before completing the pesticide application
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(2) An operator, timber owner or landowner that sends a notice under ORS 527.790 shall send a completion verification to a department reporting system no later than 24 hours after the completion of the pesticide application. The completion verification shall consist of designatin…
ORS 527.792 Designation of forestland units. (1) If the State Forestry Department receives a notice under ORS 527.790, at the beginning of the 90-day period identified in the notice, the department shall designate the forestland units identified in the notice as being in available status. Except as provided in subsection (2) of this section, the department shall terminate the available status of a forestland unit after 90 days
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(2) Upon receiving a notice under ORS 527.790 specifying a date on which a pesticide application by helicopter is to be made, the department shall change the designation of any forestland unit identified in the notice to pending status. (3) Upon receiving a notice of incompletion…
ORS 527.793 Failure to send notice; penalties. (1) As used in this section, “spray season” means a period that
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(a) Begins on January 1 and ends on June 30 in the same calendar year; or (b) Begins on July 1 and ends on December 31 in the same calendar year. (2) If an operator, timber owner or landowner fails to timely send a notice under ORS 527.790 or timely send a notice of incompletion …
ORS 527.794 Department reporting system. (1) As used in this section, “department reporting system” has the meaning given that term in ORS 527.786
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(2) The State Forestry Department shall develop a system to allow nondepartment messages to nearby recipients described in ORS 527.789 (1), notices under ORS 527.790 and notices of incompletion or completion verifications under ORS 527.791 to be sent electronically using mobile t…
ORS 527.795 Daily spray records; penalties. (1) As used in this section
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(a) “Daily spray records” means records required of a pesticide operator under ORS 634.146. (b) “Geographic information system data” means the electronic location data recorded during a pesticide application by helicopter. (c) “Health provider” means a person holding a license, c…
ORS 527.796 Interference with pesticide application; penalties. (1) As used in this section
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(a) “Interfere”: (A) Means to use force, violence or action that impedes a pesticide application by helicopter to forestland. (B) Does not mean: (i) The memorializing of pesticide application activities through photography, videotaping, audiotaping or other creation of an electro…
ORS 527.797 Limitations on pesticide applications. (1) As used in this section
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(a) “Department reporting system,” “pesticide” and “water use qualifying for a spray buffer” have the meanings given those terms in ORS 527.786. (b) “Flowing water” means surface water is present at the time of a pesticide application. (c) “Inhabited dwelling” means a structure o…
ORS 527.798 Reporting points of diversion. (1) As used in this section, “department reporting system” and “water use qualifying for a spray buffer” have the meanings given those terms in ORS 527.786
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(2) The State Forestry Department shall record in the department reporting system any points of diversion inventoried by the Water Resources Department that are: (a) For a water use qualifying for a spray buffer; and (b) Mapped with sufficient precision to allow the State Forestr…
ORS 527.799 Implementing pesticide application provisions; rules. The State Forestry Department may adopt rules to implement the provisions of ORS 527.786 to 527.793, 527.794, 527.795, 527.796, 527.797 and 527.798. [2022 c.33 §51]
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Note: 527.799 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711).
ORS 527.800 [1985 c.347 §1; repealed by 1993 c.792 §55]
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[Repealed or reserved.]
ORS 527.805 [1985 c.347 §2; repealed by 1993 c.792 §55]
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[Repealed or reserved.]
ORS 527.810 [1985 c.347 §3; repealed by 1993 c.792 §55]
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MISCELLANEOUS PRIVATE FOREST ACCORD PROVISIONS
ORS 527.820 Just compensation exemption. The Legislative Assembly intends that a person is not entitled to just compensation under ORS 195.305 to 195.336 for any restriction placed on the use of real property by a rule adopted or amended by the State Board of Forestry
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(1) As part of the rule package described in ORS 527.711. (2) After the board has considered reports that pertain to the rule from the Adaptive Management Program Committee and the Independent Research and Science Team described in ORS 527.732 and 527.733. [2022 c.33 §8] Note: 52…
ORS 527.822 Reports to Legislative Assembly. The State Board of Forestry shall report annually to a committee or interim committee of the Legislative Assembly related to forestry, in the manner described in ORS 192.245, on progress in implementing the requirements of the Private Forest Accord Report dated February 2, 2022, and published by the State Forestry Department on February 7, 2022. [2022 c.33 §52]
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Note: 527.822 is repealed only if certain conditions are met. See sections 54 and 60 to 64, chapter 33, Oregon Laws 2022 (third note following 527.711). Note: Section 50, chapter 33, Oregon Laws 2022, provides: Sec. 50. Effect of policies on Indian tribes. (1) Nothing in sections…
ORS 527.840 Program of assistance related to loss of tree canopy. (1) The State Forestry Department shall develop and implement a program to provide technical and financial assistance to public bodies as defined in ORS 174.109, tribal governments, watershed councils as defined in ORS 541.890 and community-based organizations for planning for, responding to and recovering from damage to habitats and urban tree canopies due to pests, diseases or other natural or human-created conditions that lead to loss of tree canopy, including but not limited to
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(a) Emerald ash borer infestation; (b) Japanese beetle infestation; (c) Sudden Oak Death; (d) Pine bark beetle infestation; (e) Climate change; (f) Drought; or (g) Wildfire. (2) The program may include, but need not be limited to, assistance for: (a) Vulnerability assessments; (b…
ORS 527.990 (1) Subject to ORS 153.022, violation of ORS 527.670, 527.672, 527.676, 527.740, 527.750 or 527.755 or any rule promulgated under ORS 527.710 is a Class A misdemeanor. Each day of operation in violation of an order issued under ORS 527.680 (3) shall be deemed to be a separate offense
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(2) Violation of ORS 527.260 (1) is a Class A misdemeanor. Violation of ORS 527.260 (3) is a Class C misdemeanor.
ORS 527.992 (1) In addition to any other penalty provided by law, any person who fails to comply with any of the following may incur a civil penalty in the amount adopted under ORS 527.685
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(a) The requirements of ORS 527.670, 527.672, 527.676, 527.740, 527.750 or 527.755. (b) The terms or conditions of any order of the State Forester issued in accordance with ORS 527.680. (c) Any rule or standard of the State Board of Forestry adopted or issued pursuant to ORS 527.…